Estate of Berger
California Court of Appeal
91 Cal. App. 5th 1293 (2023)

- Written by Sean Carroll, JD
Facts
In early August 2002, Melanie Berger and Maria Coronado (plaintiff) got engaged. On August 16, 2002, Melanie wrote a letter addressed “To whom it may concern.” The letter stated that upon Melanie’s death, Maria was to take all her possessions and property. Melanie signed the letter, but it was not witnessed and signed by two individuals as the probate code required for a will. On the same day Melanie wrote the letter, Melanie emailed Maria, telling Maria that she decided to leave all her property to Maria. In 2003, Melanie and Maria broke up and stopped all contact. In 2020, Melanie died. Maria filed a petition with the court, seeking to have the 2002 letter probated. Melanie’s sister, Glee Berger, was Melanie’s only heir at law and opposed the petition. The probate court ruled that the document was not a will, relying on extrinsic evidence such as the time passed since the letter was drafted, Maria not having told her daughters about the letter, and Maria’s credibility, generally. Maria appealed, arguing that the court should not have considered extrinsic evidence surrounding the 2002 letter.
Rule of Law
Issue
Holding and Reasoning (Hoffstadt, J.)
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